A BILL to amend and reenact section three-ff, article one,
chapter seven of the code of West Virginia, one-thousand
nine hundred thirty-one, as amended, to further amend said
article one by adding thereto a new section, designated
section three-gg; and to amend and reenact sections thirteen
and sixteen, article twelve, chapter eight of said code, all
relating to granting county commissions the authority to
adopt by ordinance the authority to require property owners,
following order by state fire marshal, county health officer
or by the governing body, and also granting authority to
municipalities, to adopt by ordinance, the authority to
demolish or vacate any hazardous or unfit dwelling or
building, making the property owner or other responsible
party pay any costs associated with the demolition, vacation
or any other costs associated with this proceeding.

Be it enacted by the Legislature of West Virginia:That section three-ff, article one, chapter seven of the code of
West Virginia, one-thousand nine hundred thirty-one, as amended
be amended and reenacted; that said article one be further
amended by adding thereto a new section, designated section
three-gg; and that sections thirteen and sixteen, article twelve,
chapter eight of said code be amended and reenacted, all to read
as follows:

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-3ff. Duty to require clearance of refuse and debris from
private lands; notice of demand thereof; procedure to
contest demand.

County commissions, as set forth in this article, county
health officers, as set forth in section two, article two, chapter
sixteen of this code, and state fire marshals as set forth in
section twelve, article three, chapter twenty-nine of this code,
suchcounty commissions and health officers are hereby authorized
and obliged to require clearance of any refuse or debris consisting
of remnants or remains of any unused or unoccupied dwelling, cement
foundation, piping, basements, intact chimneys, nonfarm building,
structure or manmade appurtenance on all private lands within their
respective scopes of authority by the owners thereof that has
accumulated as the result of any natural or manmade fire, force or
effect which presents a safety or health hazard, including the removal of toxic or contaminant spillage and seepage or which has
deteriorated to such a degree as to be unsightly, visually
offensive and be depressive of the value of the adjacent properties
or uses of such properties: Provided, That upon request from a
landowner and a written determination and approval from the state
fire marshal, where appropriate, a landowner may fill the remains
of a basement to ground level with inert fill material in lieu of
complete removal of such cement foundation, piping and basement.
Upon determination by any state fire marshal that substantial
accumulations or refuse, debris or destroyed structures or
appurtenances, as described above, exist on the property as a
result of a natural or manmade fire, notice shall be given by the
fire marshal and forwarded to the owner immediately informing the
landowner of the requirements of this article to effect repair,
removal, closure or demolition of the fire damaged property within
ninety days of the receipt of such notice.
Upon a determination by a county commission or county health
officer that substantial accumulations of refuse or the presence of
debris as described above, or that any dwelling or building be
demolished, vacated, closed or any combination thereof as provided
for in this sectionexist on any such private lands, notice shall
be forwarded to the owner thereof informing the landowner of the following:
(a) Of the commission's or health officer's demand to remove
all refuse and debris within ninety days of the receipt of such
notice unless an extension be granted by said commission or health
officer for good cause shown;
(b) Of the landowner's right to contest such demand and of the
proper procedure in which to do so;
(c) That if the landowner fails to both properly contest and
comply with the commission's or health officer's demand, that
removal will be achieved otherwise and that the reasonable costs
incurred thereto will become a civil debt owed by the landowner to
the county;
(d) That if the county incurs costs of removal and the
landowner fails to pay such costs within two monthsninety days of
such removal that a judgment lien on the subject property will be
filed in the county clerk's office wherein the subject property
exists.
The commission or health officer shall send notice as
described herein by certified mail return receipt required. This
notice is to be sent to the most recent address of the property
owner on file at the county assessor of the county where the
subject property is located. If, for any reason, such certified mail is returned without evidence of proper receipt thereof, then
in such event, a Class III-0 legal advertisement shall be published
in a newspaper of general circulation in the county wherein such
land is situated in order to render proper notice in accordance
with this section.The commission or health officer is also to
post notice on door or other conspicuous location on the subject
property : Provided, That if the commission or health officer
determines, after notice and inquiry as provided herein, that such
refuse or debris was created by someone other than the present
landowner, without such landowner's expressed or implied
permission, the commission or health officer shall remove any such
refuse or debris and shall apply to and be eligible to receive from
the solid waste reclamation and environmental response fund created
under section eleven, article fifteen, chapter twenty-two of this
code for reimbursement for all reasonable costs incurred for such
removal.
In the event any landowner desires to contest any demand
brought forth pursuant to this section, the landowner shall do so
in accordance with article three, chapter fifty-eight of this code.The county commission of every county shall have plenary power
and authority by ordinance to require the property owner or owners
of any dwelling or building, ordered by the county commission or health officer to be demolished pursuant to this section, to pay
for the costs of vacating and closing or removal or demolition or
any combination therefor.
This power and authority shall also include the right to
institute a civil action in a court of competent jurisdiction
against any property owner or owners or responsible parties for the
costs incurred by the county, including reasonable attorney fees
and court costs.
§7-1-3gg. Duty of state fire marshall upon determination that
health hazard exists.Upon a determination by the state fire marshal that
substantial accumulations of refuse, debris or destroyed structures
or appurtenances, as described pursuant to the provisions of
section three-ff of this article, exist on property as a result of
a natural or man-made fire, which accumulations constitute a
hazard to health or public safety, the state fire marshal shall
notify the county commission or the county health officer in order
that they may perform their duties pursuant to the provisions of
section three-ff of this article.

ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED
RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND
MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST
MUNICIPALITIES.

§8-12-13. Building regulation; general and special codes; state
building code.
(a) The governing body of every municipality shall have
plenary power and authority by ordinance or a code of ordinances
to:
(1) Regulate the erection, construction, repair or alteration
of structures of every kind within the corporate limits of the
municipality, prohibit, within specified territorial limits, the
erection, construction, repair or alteration of structures of wood
or other combustible material, and regulate excavations upon
private property;
(2) Regulate electric wiring by prescribing minimum
specifications to be followed in the installation, alteration or
repair thereof; and
(3) Regulate plumbing by prescribing the minimum
specifications to be followed in the installation, alteration or
repair of plumbing, including equipment, water and sewer pipe,
traps, drains, cesspools and septic tanks.
(b) Notwithstanding the provisions of subsection (a), all
existing municipal building codes are void one year after the
promulgation of a state building code by the state fire commission
as provided in chapter twenty-nine, article three, section five-b of this code.
Upon the voidance of the municipality's existing building
code, if the municipality votes to adopt a building code, it must
be the state building code promulgated pursuant to chapter
twenty-nine, article three, section five-b of this code.
(c) The governing body of every municipality shall have
plenary power and authority by ordinance or a code of ordinances to
adopt such state building code promulgated by the state fire
commission.(d) The governing body of every municipality shall have
plenary power and authority by ordinance to require the property
owner or owners of any dwelling or building, ordered by the
municipality or its enforcement agency to be demolished pursuant to
subsection (a) of this section, to pay for the costs of vacating
and closing or removal or demolition or any combination thereof.
The power and authority shall also include the right to
institute a civil action in a court of competent jurisdiction
against any property owner or responsible parties for costs
incurred by the municipality, including reasonable attorney fees
and court costs as provided in section sixteen of this article.
Prior to enacting any civil action under this section, notification
of property owner or other responsible parties shall be given as provided for in section sixteen of this article.

§8-12-16. Ordinances regulating the repair, closing, demolition,
etc., of dwellings or buildings unfit for human habitation;
procedures.
Plenary power and authority are hereby conferred upon every
municipality to adopt ordinances regulating the repair, alteration
or improvement, or the vacating and closing or removal or
demolition, or any combination thereof, of any dwellings or other
buildings unfit for human habitation due to dilapidation, defects
increasing the hazard of fire, accidents or other calamities, lack
of ventilation, light or sanitary facilities or any other
conditions prevailing in any dwelling or building, whether used for
human habitation or not, which would cause such dwellings or other
buildings to be unsafe, unsanitary, dangerous, visually offensive
and depressive of the value of adjacent properties or uses of such
properties, or detrimental to the public safety or welfare.
The governing body in formally adopting such ordinances shall
designate the enforcement agency, which shall consist of the mayor,
the municipal engineer or building inspector and one member at
large, to be selected by and to serve at the will and pleasure of
the mayor. The ranking health officer and fire chief shall serve
as ex officio members of such enforcement agency.
Any ordinance adopted pursuant to the provisions of this
section shall provide fair and equitable rules of procedure and any
other standards deemed necessary to guide the enforcement agency,
or its agents, in the investigation of dwelling or building
conditions, and in conducting hearings: Provided, That any
entrance upon premises for the purpose of making examinations shall
be made in such manner as to cause the least possible inconvenience
to the persons in possession.Any ordinance adopted pursuant to the provisions of this
section shall provide for the assessment of the costs of such
repairs, alterations or improvements, or such vacating and closing
or removal or demolition, or any combination thereof, by order of
the enforcement agency, and said costs, after the sale of any and
all salvaged material is credited to the account, shall be a lien
against the real property upon which such costs were incurred.The municipality shall have the option to adopt an ordinance
authorizing the filing of a civil action in the court of competent
jurisdiction to obtain a judgement for all of the costs incurred
relating to such action including costs of such repairs,
alterations or improvements, or such vacating and closing or
removal or demolition, or any combination thereof, by order of the
enforcement agency. Additionally, all reasonable attorney fees and other costs associated with executing said judgment against the
owner, owners or other parties or against those who were the owners
of the property where the building was demolished or who were the
parties named by the municipality or the enforcement agency in any
complaint or order as being responsible for the said property are
recoverable by civil action in the court of competent jurisdiction.Not less than ten days prior to instituting civil action as
provided for in this section, the governing body of the
municipality shall send notice to the property owner by certified
mail return receipt requested of the governing body's intention to
institute civil proceedings. This notice is to be sent to the most
recent address of the property owner on file at the county assessor
of the county where the subject property is located. If, for any
reason, such certified mail is returned without evidence of proper
receipt thereof, then in such event, a Class III-0 legal
advertisement shall be published in a newspaper of general
circulation in the county wherein such land is situated in order to
render proper notice in accordance with this section. The
governing body of the municipality is also to post notice on the
front door or other conspicuous location on the subject property.
In the event any landowner desires to contest any demand
brought forth pursuant to this section, the landowner shall do so in a court of competent jurisdiction.All complaints or orders issued by the enforcement agency
shall be served in accordance with the law of this state concerning
the service of process in civil actions, and shall, in addition
thereto, be posted in a conspicuous place on the premises affected
by the complaint or order: Provided, however, That no No ordinance
shall be adopted without providing therein for the right to apply
to the circuit court for a temporary injunction restraining the
enforcement agency pending final disposition of the cause. In the
event such application is made, a hearing thereon shall be had
within twenty days, or as soon thereafter as possible, and the
court shall enter such final order or decree as the law and justice
may require. Costs shall be imposed in such manner as in the
discretion of the court shall deem meet and proper.

Note: The purpose of this bill is to allow county commissions
and municipalities to adopt by ordinance the authority to
require property owners to demolish, repair or vacate any
dwelling or building found to be unfit or hazardous and
requiring the property owner to pay any associated costs.